CRIMINAL LAW. (Hansard, 22 July 1847)

LORD BROUGHAM

moved for Returns to which he understood there would be no objection, viz.:— A Copy of the Commission to inquire into the Means of Improving the Law and Practice touching the Conveyance of Real Property; and also an Account of the Criminal Law Commissioners who have resigned or been appointed since the last Session of Parliament. He took that opportunity of referring to the necessity which existed for a full and complete digest and index of our Criminal Code. He had been most unjustly assailed for his attempt to prepare a digest of the criminal law. He had brought in a Bill upon the subject about three years ago, which his noble Friend, the then Lord 665 Chancellor, supported; but suggested, at the same time, the propriety of not pressing it that Session, as it was a subject which required such deep and careful deliberation. The matter had been accordingly referred to the Criminal Law Commissioners; and he was extremely anxious that it should be brought as soon as possible into shape and form. It was unfortunate that we had as yet no digest of our criminal law, whilst our neighbours across the Channel had been long since supplied with that valuable desideratum. He was far from saying that our criminal code would be made quite perfect by it; but most undoubtedly if we had a proper digest and index, our code of criminal jurisprudence would be rendered the most complete the world yet had seen. By contrasting the mode in which evidence in criminal cases was received in the courts of law at the other side of the Channel, with the practice of ours, the advantages of our laws would be at once seen. Proceedings which had taken place within the last few days amongst our neighbours, placed the matter in a strong light. They there saw prisoners overwhelmed with a hundred and odd pages of an indictment; letters to a man's wife brought into evidence, and tortured into proofs against him, after having been received in the most careless and shameful manner; and confessions wrung out of prisoners by the most improper means. If our neighbours would only consider it properly, instead of self-laudation on the score of their superior methods of proceeding, they should hide their heads for very shame.